9th Interim Report - South Africa Government Online

4.2.3. It is accordingly recommended that Mr G M Tshabalala be charged
with contravening Clause 2.1 (Column A) of the Department’s
Disciplinary Code.
4.2.4. It is also recommended that Mr G M Tshabalala be suspended from
duty immediately pending the finalisation of his disciplinary hearing.
4.3. Gross negligence in the execution of duties : 20 December 2002
(Messrs G M Tshabalala and K T Manganye)
4.3.1. There is conclusive proof that Messrs Kevin Tebogo Manganye and
Gideon Moketsi Tshabalala were on duty guarding a prisoner, Mr
Mpeyi, on the 20 th December 2002, at Baragwanath Hospital when Mr
Mpeyi attempted to escape.
4.3.2. Evidence also established that at the time Mr Mpeyi cut his leg irons
with a bolt cutter and and attempted to escape from the hospital, the
two warders were outside under a tree.
4.3.3. They thus neglected their duties.
4.3.4. Their conduct amounts to gross negligence in the execution of their
duties.
4.3.5. It is recommended that Messrs Kevin Tebogo Manganye and Gideon
Moketsi Tshabalala be charged with contravening Clause 2.1
(Column A) of the Department’s Disciplinary Code.
4.3.6. It is also recommended that they be suspended with immediate effect
pending the finalisation of their disciplinary inquiries.
4.4. Failure to report assault : (Mr A S Le Kay)
4.4.1. There is conclusive proof that Mr Arnold Sebastian Le Kay, as the
then Acting Area Manager, failed to report the assault on Mr Mpeyi to
44